Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-11-12
DISTRICT COURT.


Joseph Annear-ve. B. q. Huston; ap.
plication made for writ of c~ertiorari; writ
ordered made returnable Wednesday morn.
ing at $50.
Miners Union Lumber Company vs.. A.
Charleboys; default OF defendant ordered;
decree signed and ordered entered.
Peter Ritter vs. Geo. w. Cooper ct al;
death Of Myrtle Cooper suggested and name
OF Geo. w. Cooper substituted.
John p. Reins vs.. Joseph w. Forbis; dc.
murrer to amended complaint sustained
plaintiff has ten days to amend complaint.
First National Bank vs.. H. W. Leopold;
demurrer to answer sustained.
Mary j. Butler Va. James Butler; divorce;
| decree signed and ordered entered.
Territory vs.. Byers and Bocorde; evi.
dence for the defense commenced with the
| clerk OF the railroad hotel at Melrose. who
produced hotel register, showing Bocorde's
registration on May 81, and swore to see-
Jog him there at that time.
Z. E. Congdon testified that he saw b.
corde at Melrose from 3 to s p. M. on May
81.
Mt. Durand gave same testimony.
Mr.. Freeborn saw Bocorde at Sol Jen.
| nings' ranch examining SOM horses about
8 p. m. May 81. Witness said Bocorde's
reputation was good.
John Douglas. OF Melrose. was at Sol Jen.
| pings' ranch May 81: arrived there at 10
O'Clock and stald two days and two nights;
! Bocorde was there when witness arrived
May 81 and staid till IL O'Clock; then left
and came back between IL and IL and
staid until 2 o'clock; then took Freeborn's
horse and cart and went to MeIrose, being
zone an hour; Bocorde, after his return,
| the two horses shot that day; after 6
o'clock he left and was gone an hour; then
returned and staid all night at the ranch.
Joe st. Lawrence testified to seeing b.
corde at Jennings ranch May 81.
Sol Jennings testified that he was at bis
ranch on May 81, and saw Bocorde
there. Bocorde slept at the RANCH. and
witness at his house in Melrose.
VIM. Ottway, of Silver Bow, a
Byers there at o a. NJ, hauling load OF hay.
and again at $50 p. M; knew Byers nine
Bocorde'e. Witness was on their bonds,
but they were not indebted to him; saw
them together in wagon on Jude 4.
Afternoon session opened with DR.. Bow
EFT on the stand. Witness saw Bocorde
on night OF May 80, and was with him the
whole Of May 81; was deputy Territorial
veterinary surgeon, and was examining
Bocorde's horses that had CHAMBERS;
killed some OF the horses about $50 p. M.
and left Bocorde at Melrose about $50;
knew dates beca use he made memorandum
and reports of all Territorial work.
Joseph Parsons, being put on the stand,
identified his signature on q weigh scale re.
ceipt. made to Byprs May 81, on bringing
q load OF hay to Butte.
Mr.. Adams testified that he wal hunting
horses on June 4, out towards Buxton;
passed through Silver Bow about 4:3O p.
m. and vent on to the foothills; saw three
bands OF horses in the bills, including two
/ work horses; saw 1--WE men on horseback
neal a band of ten horses nearly q mile
from the railroad.
Mr.. McMurpby testified that he knew
| Byers nine years, and his reputation was
good.
Mr. Walton knew Byers eight or ten years,
but never heard his reputation mentioned.
Mr.. Stone. OF Silver Bow, knew Byers ten
years and Bocorde five; both had good
regulations; heard of the Utah & Northern
| hiding u dead horse when Byers sued them
for damages, and also heard of them find
ing one.
Mr.. Newkirk testified to Byers' good
reputation.
Doc. Reins knew Byers since IT. but
didn't know his general reputation.
MIR. Missler. brewer at Silver Bow, knew
Byers for ten years and his reputation to
be good.
E. s. Dewey, OF Divide Creek ,,knew Bvers
good.
Mr.. Geary testified to good reputationof
defendants.
Chas. Carver, OF Silver Bow, testified as
follows: Both Byers and Bocarde bore
good regulations among the people where
/ they lived; had a conversa ton with MIR.
Word, who said Byers WAS making lots Of
trouble with the railroad company, and
would get -worsted; that was before the
t me Of this action.
Mr.. Sam Word testified that he was
attorney for the Utah & Northern railroad,
and believed thai Mr.. Clary has now no
connection with the road, but had been q
kind of special agent for Blickensderfer,
looking after property OF the road. Be-
Iieved CARY never was Il detective for the
road, and didn't know his present where
abouts. Had seen CIary working for the
road.
EMr. Matthes, of Silver Bow, testified to
the good reputation OF the defendants.
Mr.. Kornberg. county surveyor, identified
plat of the neighborhood OF Byers' ranch
and the roads near by. made by him last
Sunday. Witness explained plat to jury
and counsel.
Mr.. Smith, of weigh scale at Centennial
brewery, identified the weigh scale receipt
as one given by his brother to .Byers for
load of hay on May 81.
VIM. Byers, one OF the defendants, ties. j.
fed that he vas at home on morning Of
May 81; then went to Butte with O load of
hay, having it weighed at the Centennial
Brewery on the way; started for homesoon
after l O'Clock p. M; reached home a little
before 8 p. NJ; wore a black felt hat; same
ono he had in court; didn't see any rail
across track, nor didn't put any rail there. |
After getting home was hunting cows until
nearly dark. south of his house, and sta yed |
at home after that; didd't see any train
when crossing track; on June i. witness
went to Rocker; stayed there until $50 p.
M; Bocorde came back to ranch with him,
being asked to stay there and same ex-
penses; stayed at Silver Bow on the way.
Gonrt o1So,rpo1 nth pvnvoS e~o .o:ro&:.- !